Copyright

Copyright in these C2C Materials is owned by, or in the case of some third party materials, licensed to, the State of Queensland. Apart from use authorised by this licence or permitted under the Copyright Act 1968, all rights are reserved.

Definitions

In this licence:

Approved Purpose means the use of the C2C Materials by the Licensee at the Licensee's school premises for the non-commercial purpose of providing primary and secondary education to students at the Licensee's school.

C2C means 'Curriculum into the Classroom'.

C2C Materials means the State of Queensland's C2C materials accessible through Scootle.

Confidential Information means information of, or provided by the Discloser to the Receiving Party that is by its nature confidential information , is designated by the Discloser as confidential, or the Receiving Party know or ought to know is confidential but does not include information which is or becomes, without a breach of confidentiality, public knowledge. Confidential Information includes the terms and existence of this licence.

Discloser means the party providing or disclosing Confidential Information.

Licensee means an Australian State or Territory that has a current agreement with the State of Queensland authorising it to access and use the C2C Materials, or an educational institution where the individual who can access the C2C Materials has the authority to bind the educational institution at which they work or, if the individual does not have authority or is not an educational institution, the individual who can access the C2C Materials.

Application of this licence

The terms of this licence do not apply to a Licensee to the extent they are inconsistent with the terms of the Licensee's access agreement.

Licence

The State of Queensland grants to the Licensee during the Term a limited non-sub licensable, non-exclusive, and revocable licence to exercise the rights comprised in the copyright in relation to these C2C Materials but only for the Approved Purpose.

To avoid all doubt this licence only applies in respect of the C2C Materials and does not extend to any additional resources associated with C2C, whether or not developed by the State of Queensland.

This licence does not extend to any government or departmental logos or emblems (including C2C branding and the Queensland Coat of Arms) except where they form an integral part of a document which forms part of the C2C Materials, but then only in accordance with the Emblems of Queensland Act 2005 (Qld).

The Licensee acknowledges that the grant of a license to use the C2C Materials according to these terms is not an endorsement or recommendation by the State of Queensland of the Licensee or any of its products or of the C2C Materials.

If the Licensee adapts or modifies the C2C Materials, the adaptation or modification must not infringe the intellectual property rights of any person and must not include any C2C branding or the Queensland Coat of Arms. Any adaptations or modifications must attribute the original material contained in any adaptation or modification as:

Other than the Approved Use, nothing in this license is to be taken as authorising the Licensee to make any use of, or exploit, the C2C Materials, including to commercialise the C2C Materials, any work, resources, derivative works, adaptations or modifications of the C2C Materials, to the extent they contain any C2C Materials. The Licensee must not give or offer to give, sell, or licence the C2C Materials or any part of the C2C Materials to any other party except with the State of Queensland's written prior consent.

The Licensee must notify the State of Queensland promptly if it reasonably suspects any unauthorised use of the C2C Materials or that the C2C Materials infringe the intellectual property rights of any person.

This licence commences on the date that the Licensee agrees to be bound by it and continues until 31 December 2020 ('Term'), unless it is terminated earlier. The State of Queensland may terminate this licence in whole or in part at any time by notice in writing to the Licensee if: (1) the Licensee fails to comply with the terms of this licence, (2) this licence is or becomes contrary to any law or (3) for the State of Queensland's convenience. The Licensee must take all steps required to ensure that the Licensee ceases using the C2C Materials on and from the date of termination.

Content descriptions, achievement standards and general capabilities in the C2C Materials are extracted from the Australian Curriculum, copyright in which is owned by ACARA and licensed to the State or Queensland under a Creative Commons licence.

Confidentiality

The Receiving Party will keep confidential all Confidential Information which it obtains from the Discloser, and not use it or disclose it except for the purpose of receiving the benefit of this licence or performing its obligations under the licence: (1) to its personnel on a need to know basis for the purpose of obtaining the benefit of, or performing its obligations under, this licence ('Additional Disclosee'); (2) to the extent required by law; or (3) to its professional advisors, or to a Minister, their advisors or Parliament.

If the Receiving Party becomes aware of a suspected or actual breach of this clause by the Receiving Party or an Additional Disclosee, the Receiving Party will immediately notify the Discloser and take reasonable steps required to prevent or stop the suspected or actual breach.

The Licensee will return or destroy (at the State of Queensland's direction) materials containing confidential information when they are no longer required by the Licensee, or otherwise when directed by the State of Queensland.

The confidentiality obligations survive the termination or expiry of this licence.

Audit

The Licensee will, upon 7 days notice during normal business hours or as otherwise agreed, permit and provide persons ('Auditors') nominated by the State of Queensland, supervised access to the Licensee's premises, books, records, documents, computer systems, equipment and other property to verify compliance by the Licensee with its obligations under this licence and its likely capacity to continue to comply with its obligations in the future. The State of Queensland is not entitle to use this right of access for purposes that are not related to this licence.

The Auditors may make copies of books, records, documents and other materials, and the License will provide the Auditors with the necessary facilities to enable them to do so.

This clause survives the termination or expiry of this licence.

Disclaimer

The C2C Materials are licensed on an 'as is' basis. It is an information source only and may be updated periodically as determined by the State of Queensland. The C2C Materials are subject to change without notice.

The State of Queensland makes no statements, representations, or warranties about the accuracy, sufficiency, suitability or completeness of these C2C Materials, and the Licensee and other educational institutions should not rely on any information contained in the C2C Materials.

The State of Queensland is not liable to the licensee and no payment shall be made by the State of Queensland, in respect of any costs incurred by the Licensee in using the C2C Materials, or in respect of any support materials, resources, equipment necessary for the use of the C2C Materials. The Licensee releases, discharges and indemnifies the State of Queensland (including its employees, agents, officers, representatives and contractors) from and against any action, proceeding, claim, demand, liabilities, damages, costs and expenses, including legal costs and expenses whatsoever which may be taken or made against the State of Queensland (including its employees, agents, officers, representatives, and contractors) as a result of a breach of this licence, or negligence relevant to this licence by the Licensee, or arising in any way from the use, or an act, of the C2C materials by the Licensee, and any other person to who the Licensee makes the C2C Materials available. This clause survives the termination or expiry of the licence.

To the maximum extent permitted by law, the State of Queensland disclaims and excludes all responsibility and all liability (including without limitation, liability in negligence and liability for third party intellectual property rights infringement) for all expenses, losses, damages and costs that may be incurred by the Licensee in relation to their respective access or use of the C2C Materials in any way, and for any reason.

The State of Queensland makes no warranties that the information in this publication or the C2C Materials is free of infection by computer viruses or other contamination.

Content accessed by following links provided on any website/publication is in no way controlled or approved by the State of Queensland. No responsibility is taken for the consequences of viewing and relying on such content.

The Licensee must not assign any rights under this licence without the prior written consent of the State of Queensland. This licence is governed and construed in accordance with the laws of the State of Queensland and the parties submit to the exclusive jurisdiction of the Courts of that State.